2. Other instruments of restraint shall only be used when authorized by law and in
the following circumstances:
(a) As a precaution against escape during a transfer, provided that they are
removed when the prisoner appears before a judicial or administrative
authority;
(b) By order of the prison director, if other methods of control fail, in order
to prevent a prisoner from injuring himself or herself or others or from
damaging property; in such instances, the director shall immediately alert the
physician or other qualified healthcare professionals and report to the higher
administrative authority.
Mandela Rule 48.1
When the imposition of instruments of restraint is authorized in accordance with
paragraph 2 of rule 47, the following principles shall apply:
(a) Instruments of restraint are to be imposed only when no lesser form of control
would be effective to address the risks posed by unrestricted movement;
(b) The method of restraint shall be the least intrusive method that is necessary
and reasonably available to control the prisoner’s movement, based on the
level and nature of the risks posed;
(c) Instruments of restraint shall be imposed only for the time period required,
and they are to be removed as soon as possible after the risks posed by
unrestricted movement are no longer present.
Mandela Rule 48.2
Instruments of restraint shall never be used on women during labour, during
childbirth and immediately after childbirth.
Mandela Rule 49
The prison administration should seek access to, and provide training in the use of,
control techniques that would obviate the need for the imposition of instruments
of restraint or reduce their intrusiveness.
The Rules also reiterate that prisoners retain their basic rights and entitlements also in
seclusion:
Mandela Rule 42
General living conditions addressed in these rules, including those related to light,
ventilation, temperature, sanitation, nutrition, drinking water, access to open air
and physical exercise, personal hygiene, health care and adequate personal space,
shall apply to all prisoners without exception.
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